UNIT IV EMERGENCY PROVISIONS 4
Emergency Provisions - National Emergency, President Rule, Financial Emergency.
EMERGENCY PROVISIONS
The Emergency Provisions in the Constitution of India are designed to address situations that
pose a threat to the security and integrity of the nation. These provisions enable the central
government to exercise greater powers in times of national crisis. The Emergency Provisions are
contained in Part XVIII of the Constitution, from Articles 352 to 360.
There are three types of emergencies that can be proclaimed under the Indian Constitution:
1. National Emergency (Article 352)
• A National Emergency can be declared by the President of India if there is a threat to the
security of India or any part of it due to:
o War
o External aggression
o Armed rebellion (originally "internal disturbance," but this was changed by the
44th Amendment in 1978).
• During a National Emergency, the fundamental rights under Article 19 can be suspended,
and the Union government assumes sweeping powers over states.
• Parliament is empowered to make laws on subjects in the State List, and the distribution
of powers between the Union and State is substantially altered.
• A proclamation of emergency must be approved by both Houses of Parliament within one
month and can remain in force for six months, but it can be extended indefinitely by
Parliament through repeated approvals.
2. State Emergency or President’s Rule (Article 356)
• Also called "President’s Rule," this type of emergency is imposed if the President is
convinced that the governance in a state cannot be carried out in accordance with the
provisions of the Constitution.
• This can happen due to a breakdown of constitutional machinery in a state.
• The President takes over the functions of the state government, and the Union government
administers the state.
• Such a proclamation must be approved by Parliament within two months and can be
extended for up to three years in six-month increments, though it requires special
conditions for extensions beyond one year.
3. Financial Emergency (Article 360)
• This emergency can be declared if the President believes that the financial stability or
credit of India or any part of its territory is threatened.
• During a Financial Emergency:
o The executive authority of the Union extends to the financial matters of the states.
o The salaries and allowances of government employees, including judges of the
Supreme Court and High Courts, can be reduced.
o All money bills passed by state legislatures can be reserved for the President's
consideration.
• Once proclaimed, a Financial Emergency remains in effect indefinitely unless revoked,
though it must be approved by both Houses of Parliament within two months.
Safeguards Against Abuse of Power
• The 44th Amendment Act (1978) introduced several safeguards to prevent the misuse of
Emergency provisions. For instance:
o A written recommendation from the Cabinet is required for declaring a National
Emergency.
o Parliament must approve the declaration of an emergency, and it must be
periodically reviewed.
o The emergency can be revoked by the President at any time based on parliamentary
approval or a resolution.
NATIONAL EMERGENCY
National Emergency is a significant provision in the Indian Constitution that allows the central
government to exercise extraordinary powers during situations threatening the nation's security or
integrity. The National Emergency is declared under Article 352 of the Indian Constitution.
Key Provisions of National Emergency:
1. Grounds for Declaration
A National Emergency can be declared by the President of India on the following grounds:
• War: A formal state of war exists between India and another country.
• External Aggression: Armed attacks or military aggression against India without a formal
declaration of war.
• Armed Rebellion: This replaced the term "internal disturbance" through the 44th
Constitutional Amendment Act (1978). It refers to any uprising within the country that
threatens India's internal security.
2. Procedure for Declaration
• The President can proclaim an emergency only after receiving a written recommendation
from the Council of Ministers headed by the Prime Minister.
• The proclamation must be placed before both Houses of Parliament and must be
approved within one month.
• Once approved, it remains valid for six months, but it can be extended indefinitely
through repeated parliamentary approvals every six months.
3. Effects of National Emergency
a) Impact on Centre-State Relations:
• The federal structure of India becomes unitary during a National Emergency.
• The Union Government can give directions to the state governments, and Parliament is
empowered to legislate on subjects in the State List.
b) Impact on Fundamental Rights:
• Certain Fundamental Rights can be suspended during a National Emergency.
• Article 19 (which guarantees rights such as freedom of speech and assembly) is
automatically suspended when a National Emergency is declared due to war or external
aggression, but not in the case of an armed rebellion.
• Other fundamental rights (except Articles 20 and 21, which deal with protection in respect
of conviction for offenses and protection of life and personal liberty, respectively) can also
be suspended by the President.
c) Financial and Legislative Control:
• During an emergency, the distribution of financial resources between the Centre and
states can be modified by the President.
• The Centre takes over significant legislative powers from the states, and the Union
Parliament can enact laws on state subjects.
d) Tenure of Legislatures:
• The tenure of both the Lok Sabha (House of the People) and state legislative assemblies
can be extended for a period of one year at a time, beyond the normal five-year term, while
the emergency is in force.
4. Revocation of National Emergency
• A National Emergency can be revoked by the President at any time.
• The President is bound to revoke it if Lok Sabha passes a resolution disapproving the
continuation of the emergency. This can happen if at least one-tenth of the members of
the Lok Sabha give a written notice opposing the emergency.
5. Amendments and Safeguards
• The 42nd Amendment Act (1976) made the President’s proclamation of emergency
immune from judicial review. However, the 44th Amendment Act (1978) reversed this
and reintroduced judicial review.
• The 44th Amendment also required that the Cabinet must provide a written
recommendation to the President before an emergency is proclaimed, making it harder to
impose an emergency solely at the discretion of the executive.
• Moreover, after the 44th Amendment, emergency provisions due to "internal
disturbances" were changed to "armed rebellion" to limit the scope of misuse.
Historical Instances of National Emergency
• 1962–1968: Declared during the Sino-Indian War.
• 1971–1977: Declared during the India-Pakistan War.
• 1975–1977: Declared due to "internal disturbance" under Prime Minister Indira Gandhi,
which is the most controversial use of this provision.
PRESIDENT RULE
President's Rule, also known as State Emergency, is a provision under Article 356 of the Indian
Constitution. It allows the President of India to take over the administration of a state when the
constitutional machinery in that state fails. In such a situation, the Governor of the state submits
a report to the President, recommending the imposition of President's Rule.
Key Features of President’s Rule:
1. Grounds for Imposition
President’s Rule can be imposed on the following grounds:
• When the Governor of a state reports to the President that the government of the state
cannot be carried on in accordance with the provisions of the Constitution. This is known
as the “failure of constitutional machinery” in a state.
• If the President, either on their own or based on other information, is convinced that the
state is unable to function constitutionally.
• Non-compliance with the directives of the Union Government or a serious law-and-order
breakdown can also trigger President's Rule.
2. Procedure for Imposition
• The President imposes President’s Rule based on the Governor’s report or any other
credible information.
• The proclamation must be placed before both Houses of Parliament for approval within
two months.
• Once approved by Parliament, it can last for six months. It can be extended for a
maximum of three years, but extensions beyond one year require two special conditions:
1. There must be a national emergency already in force in the whole of India or part
of the state.
2. The Election Commission must certify that elections cannot be held in the state.
3. Effects of President’s Rule
• State Legislature Suspension/Dissolution: During President’s Rule, the state legislative
assembly is either suspended or dissolved, and the state comes under direct control of the
Union government.
• Executive Power: The President assumes the functions of the state government and the
power of the state’s executive. The Governor acts on behalf of the President and runs the
administration with the help of advisers or administrators.
• Legislative Power: The Parliament takes over the legislative functions of the state
assembly. The Parliament can make laws for the state on matters within the State List. If
the Parliament is not in session, the President can promulgate ordinances for the state.
4. Judicial Review and Safeguards
• The imposition of President’s Rule is subject to judicial review. If the courts find the
imposition of President’s Rule to be mala fide or not based on valid reasons, they can
strike down the proclamation. The Supreme Court of India set a landmark precedent in
the Bommai Case (1994), where it ruled that the President’s decision to impose the rule is
not immune from judicial scrutiny.
• The S.R. Bommai vs. Union of India case emphasized that the breakdown of
constitutional machinery must be a genuine one, and the courts have the power to restore
the dismissed government if the imposition was found to be unjustified.
5. Revocation of President’s Rule
• President's Rule can be revoked at any time by the President, and no parliamentary
approval is required for revocation.
• If a new government is formed and stability is restored in the state, the President can
revoke the emergency.
Amendments and Limitations
• 42nd Amendment Act (1976): The 42nd Amendment initially made the decision to
impose President’s Rule immune from judicial review. However, the 44th Amendment
Act (1978) restored the power of judicial review.
• After the Bommai case, courts can now look into the validity of the imposition and the
grounds cited for the President's Rule.
Historical Use of President’s Rule
• Frequent Usage: President’s Rule has been imposed more than 100 times in India since
independence, in states like Punjab, Jammu & Kashmir, Bihar, and Uttar Pradesh, among
others.
• Controversial Impositions: Some instances of President’s Rule, particularly during
political crises or when a single party dominates the central government, have been
criticized as politically motivated rather than genuine constitutional breakdowns.
Recent Developments
• In many recent cases, the use of Article 356 has been challenged in courts, reinforcing the
principle that President's Rule should only be imposed in extreme and genuine situations.
FINANCIAL EMERGENCY
A Financial Emergency is one of the emergency provisions in the Indian Constitution, outlined
in Article 360. It allows the central government to take control of the financial situation across the
country or in a particular part of the country if it is facing a severe financial crisis. However,
unlike National and President’s Rule emergencies, a Financial Emergency has never been
declared in India.
Key Features of Financial Emergency (Article 360):
1. Grounds for Declaration
A Financial Emergency can be declared by the President of India if they are satisfied that the
financial stability or credit of India, or any part of its territory, is threatened.
2. Procedure for Declaration
• The Financial Emergency is proclaimed by the President.
• Like other emergencies, the proclamation must be laid before both Houses of Parliament
and must be approved within two months.
• Once approved, the Financial Emergency remains in operation until it is revoked. There is
no maximum time limit like the six-month limit for National or State Emergency.
3. Effects of Financial Emergency
a) Control Over State Financial Matters:
• The executive authority of the Union extends to giving directions to any state to observe
financial propriety.
• The President can direct states to reduce the salaries and allowances of their employees,
including persons serving in connection with the affairs of the state.
b) Reduction of Salaries:
• During a Financial Emergency, the President can order the reduction of salaries and
allowances of Central Government employees, including those serving in the Supreme
Court and High Courts.
• This provision is significant as it affects the judiciary, which is typically independent of
the executive, but in a Financial Emergency, even judicial officers’ pay may be reduced.
c) Control Over Money Bills:
• All Money Bills or other financial bills passed by the State Legislatures can be reserved
for the consideration of the President, giving the Union government control over state
finances.
4. Revocation
• The President can revoke the Financial Emergency at any time by issuing another
proclamation. Unlike other emergencies, there is no need for parliamentary approval for
revocation.
Consequences of Financial Emergency
• A Financial Emergency gives the Union government absolute power to control not only its
own financial resources but also those of the states. This includes the ability to make
significant budgetary decisions and impose austerity measures.
• Salaries of government employees and even the judges of the Supreme Court and High
Courts can be reduced, indicating the far-reaching impact this type of emergency can have
on the country’s financial apparatus.
• Since state autonomy over financial matters is highly curtailed, this provision
fundamentally changes the relationship between the Union and the states.
Safeguards Against Misuse
• Like National and State Emergencies, a Financial Emergency is subject to judicial review,
and the Supreme Court can examine the constitutionality of such a declaration.
• The Constitutional checks ensure that any such proclamation requires Parliament’s
approval within two months, preventing arbitrary use of the provision.
Historical Context
• No Financial Emergency has ever been declared in India, despite some critical situations
like the balance of payments crisis in 1991 or other economic difficulties. India has, so
far, relied on measures such as structural reforms and loans from international
organizations like the IMF (International Monetary Fund) instead of invoking this
provision.
